DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
CRS
Docket No: 3741-09
26 January 2010
This is in reference to your application for correction of your
naval record pursuant to the provisions of title 10 of the United
States Code section 1552.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 21 January 2010. Your allegations of error and
injustice were reviewed in accordance with administrative
regulations and procedures applicable to the proceedings of this
Board. Documentary material considered by the Board consisted of
your application, together with all material submitted in support
thereof, your naval record and applicable statutes, regulations
and policies.
After careful and conscientious consideration of the entire
record, the Board found that the evidence submitted was
insufficient to establish the existence of probable material
error or injustice.
The Board found that you reenlisted in the Navy on 31 October
1990. On 30 July 1991 you were convicted by civil authorities of
driving under the influence and sentenced to confinement for 60
days, suspension of your driving privileges for six months, and a
fine of $250.00.
On 3 September 1991 your commanding officer recommended that you
be separated with a discharge under other than honorable
conditions by reason of misconduct due to civil conviction.
After review by the discharge authority, the recommendation for
separation was approved and you were discharged on 12 September
1991 with a discharge under other than honorable conditions.
In its review of your application the Board carefully weighed all
potentially mitigating factors, such as your youth, overall
record of service, and the contention that you were never
convicted. The Board found those factors insufficient to warrant
recharacterization of your discharge, given the nature of your
offense. Accordingly, your application has been denied. The
names and votes of the members of the panel will be furnished
upon request.
It is regretted that the circumstances of your case are such that
favorable action cannot be taken. You are entitled to have the
Board reconsider its decision upon submission of new and material
evidence or other matter not previously considered by the Board.
In this regard, it-is important to keep in mind that a
presumption of regularity attaches to all official records.
Consequently, when applying for a correction of an official naval
record, the burden is on the applicant to demonstrate the
existence of probable material error or injustice.
Sincerely,
W
. DEAN PF
Executive D xr
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